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By installing or otherwise using this software, you accept all terms and conditions of this agreement. You furthermore agree that you may not modify, reverse engineer, decompile, disassemble, rent, lease or distribute any or all portions of this software. You may not copy this software except as specifically provided by this License Agreement. This is a legal agreement between you and DameWare Development LLC for the product you have purchased, otherwise noted below as "the Software".
DameWare Development LLC, whose address is 241 Morningside Drive, Mandeville, Louisiana 70448, USA, grants, with this license, the following rights.
| • | Individual Use. You may purchase and install the Software as an individual on any single computer, or also on multiple computers (i.e. office computer, home computer, or portable computer), provided the software is installed on these additional computers for your exclusive use. If anyone else will be using the software on these additional computers, then you must also acquire a license for each additional individual using the Software. |
| • | Network/Storage Use. You may install the Software on a storage device or shared environment, such as a network server, however you must acquire a license for each individual using the Software. The Software may be used on different computers to the extent that the number of users does not exceed the specific number of licenses obtained from DameWare Development LLC. If the Software is installed on a network/shared environment, you agree to provide technical or procedural methods to prevent the use of the Software by a greater number of individuals than specifically licensed. |
| • | Transfer. You may transfer the Software to a single recipient on a permanent basis provided you do not retain any copies (including archival or backup) and the recipient agrees to the terms and conditions of this Agreement. |
| • | Year 2000 Compliance. DameWare Development LLC guarantees its products to be compatible with dates and times in reference to the 21st century. However, the underlying operating system must also support these dates and times to guarantee compliance. |
| • | Title. Title, ownership rights and intellectual property rights in and to the Software and documentation shall remain with DameWare Development LLC. The Software and documentation is protected by the copyright laws of the United States and international copyright treaties. |
| • | Government Use. The Software and any documentation, with respect to acquisition by the United States Government, is classified as "commercial computer software" as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). The Software is supplied to the U. S. Government as a commercial end item and is subject to the terms set forth in this Agreement. If the Software is supplied for use by the Department of Defense, it is subject to the terms of this Agreement and in accordance with 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), as applicable. |
| • | Limits of Warranty and Liability. DameWare Development LLC warrants that the media supplied by DameWare Development LLC containing the Software, will be free from defects in material and workmanship within 90 days from acquisition of the Software or DameWare Development LLC will replace the defective media. THIS LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY DAMEWARE DEVELOPMENT LLC. DAMEWARE DEVELOPMENT LLC MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESSED OR IMPLIED OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS SO LICENSEE MAY HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. |
LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL CONTRACT, THEORY OR OTHERWISE, SHALL DAMEWARE DEVELOPMENT LLC OR ITS RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY DAMAGES WHETHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF DAMEWARE DEVELOPMENT LLC’S LIST PRICE FOR A LICENSE OF THE SOFTWARE AND DOCUMENTATION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO LICENSEE.
| • | Termination. This license is in effect until terminated. Failure to comply with the limitations set forth in this Agreement shall result in automatic termination of this license. In the case of termination, Licensee will return the Software and documentation to DameWare Development LLC and will certify in writing that all copies of the Software have been returned or erased from the memory of its computers. |
| • | Miscellaneous. This Agreement represents the complete license agreement between the parties and supersedes any prior agreements between them. In the event that any provision of this Agreement should be deemed invalid or held to be unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force. This Agreement shall be governed by and construed under Louisiana law as such law applies to agreements between Louisiana residents entered into and to be performed within Louisiana, except as governed by Federal common law. |
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